By Joseph Jibueze and Robert Egbe
An eminent professor of law, Itse Sagay (SAN), on Monday faulted the Supreme Court judgment of May 8, which ordered the retrial of Ude Jones Udeogu, a former Director of Finance in the Abia State Government House.
The Federal High Court in Lagos, last December 5, convicted Udeogu and former Abia State Governor Orji Uzor Kalu for looting N7.65billion.
It sentenced them to 10 and 12 years imprisonment.
Following an appeal by Udeogu, the Supreme Court held that the fiat issued to Justice Mohammed Idris to conclude the case after he had been elevated to the Court of Appeal was “a nullity”.
The highest court set aside Justice Idris’ verdict “as it pertains or relates to the appellant (Udeogu)”.
Sagay, Chairman of the Presidential Advisory Committee Against Corruption (PACAC), in a statement on Monday, said the decision “clearly led to injustice”.
Citing several legal authorities, he said the era when the court’s adjudicatory power was hindered by a constraining adherence to technicalities was gone.
He said the nullified Section 396 (7) of the Administration of Criminal Justice Act (ACJA) 2015, which allowed elevated judges to conclude cases, was a major relief provided by the National Assembly against the stranglehold of public corruption.
Sagay does not believe that the ACJA provision is inconsistent with Section 253 of the 1999 Constitution, which provides that “the Federal High Court shall be duly constituted, if it consists of, at least, one judge of that court”.
Read Also: Orji Kalu: Is this end of ACJA 2015?
He said: “There is absolutely no reference in the constitution to the position of a promoted judge going back to the High Court to complete a 90 per cent heard corruption case to enable litigation to come to an end.
“The provision in Section 253 is simply intended to establish that, unlike the Court of Appeal and the Supreme Court, a High Court can be constituted by a single judge. No more no less.
“How can the highest court of the land spring out a technicality to inflict such a terrible wound on our criminal justice system?
“Should the Supreme Court not be using all its knowledge, power and authority to ensure that looters of public funds are brought to justice?
“What message was the court sending out to the Nigerian public and the world by employing a technicality to save those convicted of financial crimes against the nation and people of Nigeria?
“This decision is contrary to the mission of the Supreme Court in Nigeria. It has clearly led to injustice.
“It flies in the face of what the court stands for and is in direct conflict with the position of the great Justices of this very Supreme Court in an era now nostalgically referred to as the ‘Golden Age’ of the Supreme Court.”
Citing an authority, Sagay said justice was not done to the Nigerian society whose patrimony was looted to the detriment of the welfare of the public.
“At the high level of the Supreme Court, against whose judgments there can be no appeal, it is mandatory that the Justices must consider the consequences and impact of their judgments, in order to avoid public injury, and sending the wrong message to potential violators of critical social norms.
“It is alright for a lawyer fresh from the Law School or a young, newly appointed judge to indulge in 2 + 2 equals 4 types of judgment.
“As he gains experience and progresses up the ladder of authority, he must add the norms and values of society to his judgments.
“At that level, a judgment must be based on justice, merit, not on technicalities.
“All the legal justifications adduced for this shocking decision hold no water,” Sagay said.
Kalu has hired a 12-man team of lawyers, including six Senior Advocates of Nigeria (SANs), to secure his release from prison.
The Senate Chief Whip filed a May 12 motion on notice at the Federal High Court in Lagos, which has been assigned to Justice Mohammed Liman.
Signed by Prince Lateef Fagbemi (SAN) on behalf of 11 other lawyers, Kalu is praying for four reliefs, including an order setting aside the judgment delivered by Justice Idris, “having been given without jurisdiction”.
He is also seeking an order directing that he be released forthwith from the Nigerian Correctional Service Kuje, Abuja.
“The joint trial of the applicant with the second (Udeogu) and third (Slok Nigeria) defendants/respondents, having been pronounced a nullity by the Supreme Court, entitles the applicant to a release from his custodial sentence,” the applicant said.
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